Category: General

April 7, 2017

DOE Publishes Report On Alternative Aviation Fuels

By Lauren M. Graham, Ph.D. On March 28, 2017, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced the publication of the report on the current state of alternative aviation fuels that was developed using findings from peer-reviewed studies, scientific working groups, and BETO stakeholder input from the Alternative Aviation Fuel Workshop in September 2016.  The four key topic areas include:   ?  Economic and technical competitiveness;...
April 4, 2017

Nanodatabase Adds 3,000th Product

The Nanodatabase, developed by the Technical University of Denmark Department of Environmental Engineering (DTU Environment), the Danish Ecological Council, and the Danish Consumer Council, announced on April 4, 2017, that it added product number 3,000.  According to The Nanodatabase, most products fall into the health and fitness category (1,845) while only about one-sixth of the products fall into the home and garden category (555).  Of the 1,845 products in the health and...
April 4, 2017

The Acta Group Wins “Supply Chains Award” at the 2017 Chemicals Northwest Awards

The Acta Group (Acta®), a global scientific and business consulting firm offering a full range of support services for the process of obtaining approvals to market industrial chemicals, biocides, and chemical products, with offices in Washington, D.C., Beijing, China, and Manchester, UK,  has been named winner of the Chemicals Northwest 2017 “Supply Chains Award.”  Chemicals Northwest Awards are presented in ten categories, all of which recognize excellence in the chemical and chemical...
April 1, 2017

Monthly Update for April 2017

TSCA/FIFRA EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others, Earthjustice, seeking a TSCA Section 4 test rule for tetrabromobisphenol A (TBBPA). 82 Fed. Reg. 14171. EPA determined that the petition failed to set forth facts demonstrating that there is insufficient information available to EPA to determine or predict reasonably effects from...
March 31, 2017

Senators Announce Creation of Bipartisan Senate Chemistry Caucus

On March 28, 2017, Senators Chris Coons (D-DE), Shelley Moore Capito (R-WV), Steve Daines (R-MT), and Gary Peters (D-MI) announced that they will serve as co-chairs of the newly formed Senate Chemistry Caucus.  Senators John Boozman (R-AR), Joe Donnelly (D-IN), John Neely Kennedy (R-LA) and Joe Manchin (D-WV) have also agreed to join the Caucus.  Senator Coons’ press release states that the Senate Chemistry Caucus will provide “a bipartisan forum for Senators to work together on...
March 31, 2017

Neste Welcomes Swedish Government’s Support For Renewable Fuels

On March 24, 2017, Neste, a member of BRAG®, announced its approval of draft proposals by the Swedish government regarding mandated reductions in traffic fuel emissions and the continued tax exemption for high-blended biofuels.  By 2030, the government aims to reduce carbon emissions from transportation by 70 percent.  In addition to reducing carbon emissions, the ambitious targets and long-term perspective will help support innovation and investments in biofuels.  Neste,...
March 31, 2017

National Biodiesel Board Fair Trade Coalition Files Antidumping, Countervailing Duty Petition

On March 23, 2017, the National Biodiesel Board (NBB) announced that an antidumping and countervailing duty petition had been filed with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) claiming that Argentine and Indonesian companies are violating trade laws by saturating the U.S. market with dumped and subsidized biodiesel.  The petition was filed on behalf of the National Biodiesel Board Fair Trade Coalition, which represents the NBB and U.S....
March 31, 2017

ISO Publishes Revised Marine Fuel Specifications

On March 19, 2017, the International Organization for Standardization (ISO) published the sixth edition of its specifications for marine fuels (ISO 8217:2017), which includes a redefined “class F” grade for biofuel blends in marine distillates.  Up to seven percent fatty acid methyl ester (FAME), which has similar physical properties to conventional diesel, is permitted in the new “F” grades, specifically DFA, DFZ, and DFB.  Additionally, the DMA specifications...
March 31, 2017

EPA Implements 2017 RFS Volume Requirements

On March 21, 2017, the renewable fuel volume requirements for 2017, which were issued in final by EPA on December 12, 2016, were implemented.  The effective date for the 2017 requirements was delayed following the Presidential directive to postpone the implementation of new regulations to allow for review by the new administration.  Although EPA has yet to publish an announcement on the matter, industry stakeholders have welcomed the 2017 biofuel volumes and 2018 biomass-based diesel...
March 31, 2017

Senators Send Trump Letter On RFS Point Of Obligation

On March 16, 2017, 23 Senators, including Senator Chuck Grassley (R-IA) and Senator Amy Klobuchar (D-MN), sent President Trump a bipartisan letter requesting that he maintain the point of obligation under the Renewable Fuel Standard (RFS) program.  In the letter, the Senators remind Trump that the RFS program was adopted to provide stability for renewable fuel producers and that the U.S. Environmental Protection Agency (EPA) determined that, to meet this goal, the point of obligation should...
March 30, 2017

Biocides USA 2017, March 29 – 30, 2017, San Francisco, California

The 3rd Annual Biocides USA Conference, presented by Chemical Watch, covered new developments in the US and around the world.  On March 30th, B&C Senior Regulatory Consultant Michael S. Wenk, M.S. presented on biocidal regulations in Latin America including common themes, Mercosur and Andean community, Argentina, Brazil, and Mexico.
March 30, 2017

Lynn L. Bergeson, Douglas Bryden, and Kindra L. Kirkeby, “Chemical Management: What All Environmental, Energy, and Resources Lawyers Need to Know about TSCA Reform and Why,” American Bar Association Section of Environment, Energy, and Resources, March 30, 2017.

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). The new law amended significantly the Toxic Substances Control Act (TSCA) and in so doing, is redefining supply chain relationships, rewriting the rules of engagement for due diligence in mergers and acquisitions, reopening debate on new avenues in product liability and tort law, and raising important questions regarding right-to-know vs. confidential business...
March 29, 2017

EPA Releases Inventory Report of Mercury Supply, Use, and Trade in the U.S.

On March 29, 2017, the U.S. Environmental Protection Agency (EPA) issued in the Federal Register a notice releasing its initial inventory report of mercury supply, use, and trade in the United States pursuant to Section 8(b)(9)(10) of the amended Toxic Substances Control Act (TSCA).  Specifically, the report is a “compilation of readily available, previously published data on the supply, use and trade elementary mercury and mercury compounds,” and its purpose is to “identify...
March 29, 2017

Bloomberg BNA Daily Environment Report Article Includes Comments From James Aidala On Possible Chlorpyrifos Restrictions

On March 29, 2017, the Bloomberg BNA Daily Environment Report included comments from, James Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), in the article “Trump Administration to Make Tough Decision on Dow Chemical.” […]But undoing the underpinnings that justify a near-ban will take more than political will, said Jim Aidala, a senior consultant with Bergeson & Campbell PC. A decision that favors the manufacturer, Dow...
March 29, 2017

ABA Section of Environment, Energy, and Resources Spring Conference, March 29 – 31, 2017, Los Angeles, California

The ABA Section of Environment, Energy, and Resources’ 46th Spring Conference program was built to explore topics and issues facing the environmental lawyer today. Panel discussions covered a broad range of topics including: energy and environment priorities of the new administration and the 115th congress, what all environmental, energy, and resources lawyers need to know about TSCA reform, and FERC pipeline certificate proceedings and new disputes over “public...
March 24, 2017

NASA Confirms Biofuels Reduce Jet Engine Pollution

On March 15, 2017, the National Aeronautics and Space Administration (NASA) published the results of a joint study with German and Canadian agencies on the impact of biofuels on jet engine pollution, including emissions and contrail formation.  The results demonstrate that the use of a 50-50 blend of aviation fuel and fuel of hydro processed esters and fatty acids from camelina plant oil reduced particle emissions by 50-70 percent.  Since soot emissions are a major driver of contrail...
March 23, 2017

B&C Seeks Applicants For Pesticide Registration Specialist Position

Bergeson & Campbell, P.C. (B&C®), is seeking a pesticide registration specialist to join our growing team of regulatory consultants, scientists, and policy experts.  This position will be based in our Washington, D.C. office, although telework arrangements may be considered for the right candidate.  Applicants should be experienced in all aspects of preparing, submitting, and managing applications under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), having...
March 22, 2017

SCCS Issues Final Opinion on Additional Coatings for Titanium Dioxide (Nano Form) as UV-Filter in Dermally Applied Cosmetic Products

On March 7, 2017, the Scientific Committee on Consumer Safety (SCCS) issued a final opinion on additional coatings for titanium dioxide (nano form) coated with cetyl phosphate, manganese dioxide, or triethoxycaprylylsilane as an ultraviolet (UV)-filter in dermally applied cosmetics.  The conclusion states that given a general lack of dermal absorption and low general toxicity of nano-forms of titanium dioxide, SCCS considers that the use of the three titanium dioxide nanomaterials, coated...
March 22, 2017

Lynn L. Bergeson, “TSCA Implementation Remains On Target: The EPA is issuing framework rules on a timely basis,” Chemical Processing, March 22, 2017.

Implementation of the newly amended Toxic Substances Control Act (TSCA), signed into law last June, is in full swing. The U.S. Environmental Protection Agency (EPA) has been working hard to meet statutorily imposed deadlines for promulgating three “framework” rules by June 2017. To date, the EPA is on target. This column discusses the three framework rules.